The Missouri Supreme Court just handed down it’s decision today which upheld the priority of Missouri Condo Lien over a refinanced first mortgage. This case, which involves a condominium in Parkway Towers in the Country Club Plaza area of Kansas City, Missouri, was a huge win for condominium associations in Missouri.
Here is a recap of the facts of the case, from the Supreme Court opinion:
- Trish Carcopa purchased the condo in 2004 and then in 2006 did a quit claim from herself to herself and and Nicole Carcopa.
- In June 2006, the Carcopa’s refinanced their existing loan with a new loan through H&R Mortgage (later assigned to Homeward Residential.
- There was a special assessment approved by the unit owners of the Parkway Towers condominiums and the Carcopa’s share was $78,144.64 which they did not pay.
- In 2010 the Parkway Towers condo association brought suit to foreclose upon the condo to satisfy the unpaid lien for the special assessment and asserted that it’s lien took priority over the existing first deed of trust. The lender filed a motion asking the court to declare their first deed of trust superior to the condo lien but the court refused.
- On July 16, 2013 the Supreme Court of Missouri upheld the lower courts decision confirming that the condo association lien was, in fact, superior to the first deed of trust.